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Kala Developments Pty. Ltd. v. Surf Coast Shire Council

Filing Date: 2010
Reporter Info: [2010] VCAT 2106; [2011] VCAT 513 (Australia)
Status: Permit amendment allowed
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Climate adaptation
Jurisdictions:
  • Australia
    • Victoria
      • Civil and Administrative Tribunal
Principal Laws:
  • Australia
    • Planning and Environment Act 1987 (Victoria)
Summary:

The Surf Coast Shire Council proposed to amend Kala Developments Pty. Ltd.’s coastal development permit to better suit the impacts of climate change. At the first mediation, both parties agreed that Kala Developments would complete a coastal hazard vulnerability assessment prior to further deliberation. The Tribunal held that in the principles of natural justice required that the respondent and all objectors be given an opportunity to give their views on the proposed amendments, in the light of the information contained in the information contained in the coastal hazard vulnerability assessment.

At a later hearing on the merits of the proposed amendments to the planning permit, the Tribunal found that the flood barrier system which the developer proposed to construct would be sufficient to address the risk of sea level rise at the site.

At Issue: Application to amend a coastal development permit to address the impacts of climate change
Case Documents:
Filing Date Type File Summary
12/22/2010 Decision Download Initial decision
03/28/2011 Decision Download Appellate decision

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.